The not-so-absolute privilege – ERISA and attorney-client privilege
Abstract: The attorney-client privilege protects communications between a lawyer and a client from disclosure in a legal proceeding. But in the realm of ERISA law, it’s not so absolute. Legally, plan fiduciaries must protect the best interests of plan beneficiaries. This article highlights what happens when a plan fiduciary communicates with an attorney about an ERISA-covered retirement plan.